Science Junkie

We’re Natural-Born Lawyers, Not Scientists

Science Junkie – September 11, 2011

I don’t recall where I read my title, but it essentially captures what I have been getting at in these columns. Theoretically, both science and the law recognize and depend on the centrality of evidence, and the goal of both is to reach “true” or at least optimal decisions based on verifiable evidence and reasoned argument.

But despite a few superficial similarities, science and the law obviously represent very different approaches to evidence-based discovery. Science mostly adheres to the ideal of basing its (provisional) conclusions on reliable, verifiable, repeatable evidence. I insert the modifier, provisional, because every scientific finding or theory is subject to refutation or revision in the light of new, better evidence. Science is a work in progress, always seeking more complete evidence, always developing more refined theoretical models for improved prediction and control (i.e., technology). In science, sound evidence – verified data – always reigns supreme. If a hypothesis or even a longstanding theory is disconfirmed by new observational or experimental evidence, then the hypothesis/theory must be revised or discarded.

Primarily because of this commitment to the primacy of evidence, science works – damn, does it ever produce results! Anyone who wants to question the efficacy of scientific method has a huge mountain to climb. It doesn’t take a Sherlock Holmes to see that science has given us astounding knowledge, understanding, and technological progress – virtual godlike powers by the standards of only a few hundred years ago. Imagine discovering and reviving a preserved adult corpse from, say, the 16th century. She would be stupefied. Virtually everything she saw would astonish her, exceed her wildest imaginings. She would be a living testament to Sir Arthur Clarke’s third law, “Any sufficiently advanced technology is indistinguishable from magic.” One of her few experiences that might be somewhat familiar would be other people, who wouldn’t be all that different from the folks she remembered. Or would they?

Anyway, let’s not debate the awesome effectiveness of science, which proves that reality is discoverable, predictable and, allowing for a number of obvious limitations, controllable (though for both good and ill). Is this fantastic success due to the greatness of individual scientists who came up with profound, breakthrough insights by virtue of their genius? I’ll argue that the answer is no. While there have been many brilliant scientists who are justifiably honored, the profundity and brilliance reside in the methods of science and not in the genius of individuals. After all, there have been great geniuses in arts and letters, philosophy, politics, and maybe even religion. And I don’t disparage their contributions, except to note that they mainly influenced others rather than actually advancing our knowledge, understanding and control of nature. Freud was a genius, but it is certainly appropriate to question whether his speculative, unscientific “theory” contributed to or detracted from our understanding of human nature and behavior. And with regard to arts and letters it is worth noting that history is traditionally part of the humanities; but to the extent that historical accounts are based on verifiable data, it belongs with the sciences.

(Since I mentioned religion again, I’ll raise this question once more: What do we understand about reality, including human nature, that can be attributed to religion? I’m thinking that just about everything religion tells us about human nature is either flat wrong or highly questionable. It seems increasingly clear that the fundamental Christian tenet of free will is a myth, that human behavior has natural causes, like all other natural phenomena. Another myth is that we’re governed by a disembodied essence such as a self or soul that influences our mind. It is becoming increasingly clear that the mind is what the brain and nervous system do, nothing more. There’s no evidence for a tiny, incorporeal homunculus named “Self” or “Soul” sitting at the control panel of the mind.)

Anyway, most practicing scientists are members of a community that is dedicated to expanding our knowledge, understanding, prediction and (in the experimental sciences) control of the nature. (I started to write “control of the natural world”; but what other world is there?) The members of the community of scientists adhere to rules and practices grounded in evidence that have a proven record of phenomenal success. Science is far more than the body of knowledge taught in most schools. It is a method, a rigorous discipline, a set of very high standards that always come down to verifiable, repeatable evidence. Each branch of science has its own distinct methods of observation, testing, and experimental controls; but they are all doing essentially the same thing. And the individual scientist knows that she must present data and analyses that meet those standards if she wants to persuade her peers. Primarily, she must be willing to change her mind on the basis of evidence.

So, finally, here’s the point: What scientists do does not come naturally. Skeptical, critical, methodical, evidence-based thinking is not part of our DNA. Evolution did not program us to withhold judgment until we had collected sufficient reliable evidence to explain a natural phenomenon. It did not program us to question our own hypotheses or the pronouncements of prestigious authority figures. It did not provide us with a good sense of probability, which now plays such a central role in the sciences.

Quite the contrary! We seem to be programmed to invent explanations, to adopt group beliefs that “explain” everything and then use our ingenuity to defend those beliefs come hell or high water. Back in the era of evolutionary adaptation, the struggle for survival took place on an entirely different playing field where utter ignorance was the norm. Now the game has changed radically, and so must we, starting with how we think. The stakes are obviously very high and they are now planetary rather than local and tribal. We live in a world that has changed much faster than our evolved nature, and many of us are still answering the call of Stone Age genes. I would argue that as never before it is critical to get things right, to base our individual and collective choices and decisions on the most accurate understanding of the realities we’re dealing with. That’s where science comes in: it is the only way we know of to get it right. Nothing less than our survival depends on supporting science and rejecting pseudoscience and superstition. And as individuals we need to cultivate habits of thought based on science and reason.

But back to lawyers, at least so I can justify the title of this piece. They operate in a very different arena, one that feels far more familiar and natural than the discipline of science. In litigation they make use of evidence primarily to support the client’s cause, not as part of a cooperative effort to advance our understanding of reality. A scientist who cherry-picks data and spins evidence to create a favorable reception for his hypothesis will not be honored by his peers. A lawyer who wins cases using those techniques enhances his reputation. In other words, litigating is more like salesmanship than like science. It is arguing for a predetermined position rather than participating in a collective effort to expand knowledge and understanding. I don’t say that to disparage honest lawyers, who provide a necessary service. The point is that when it comes to our beliefs about the world we operate like a lawyer steadfastly and cleverly defending a particular position, not like a scientist willing to consider all the evidence and go where it leads.

I’m not saying that scientists are more honorable people than lawyers (although on average I think that’s probably the case). If scientists are more honest, it has to be in large part because of the rules they follow – rules enforced by the scientific community – and because they value that community and share its goals. Of course there are scientists who have sold out and have become mercenaries in the service of political and commercial interests. The rogues who abetted the tobacco companies and the anti-climate-change corporate interests come to mind. Then there are other scientists who are so enamored of their theories they can’t accept the negative verdict of their peers and decide to take their case directly to a less skeptical public. A number of people in the field of paranormal research fit this description.

I’ll wrap up somewhat gratuitously with one of my favorite quotes. It comes from former Colorado governor Richard Lamm, who in 1992 looked at the ratio of engineers to lawyers being trained in various nations, and worried about the trend in the U.S.

“All we know about the new economic world tells us that nations which train engineers will prevail over those which train lawyers. No nation has ever sued its way to greatness.”

And no nation from this point forward will flourish without a strong commitment to science and reason. Yet as I look at the irrational, anti-science, ideological madness pervading the political and religious right these days, I am increasingly fearful that we’re rapidly regressing in the direction of theocratic fascism. Rick Perry? Michelle Bachmann? Sarah Palin? The Tea Party? Creationism? Would you believe it?

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